19851119 TZHC Mbeya

19851119 TZHC Mbeya

The court held that both the Primary and District Courts erred by not calling the Agricultural Field Assistant to testify on the assessment of damages. Since it was impracticable to call the expert at this stage, the court facilitated a settlement between the parties, which was endorsed as the judgment.

Citation
19851119 TZHC Mbeya
Parties
Appellant: NJOLE MIILL; Respondent: AKSON SHEYO
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 1985
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal succeeded in part
Legal Topics
Damages, Assessment of Damages, Appeals Procedure
Source Language
English
Tort Law Damages Assessment of Damages Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NJOLE MIILL

Appellant

AKSON SHEYO

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the assessment of damages by the lower courts was proper without calling the expert witness to testify
  2. 2 Whether the appellate court should have called for additional evidence regarding damages

Ratio Decidendi

The court held that both the Primary and District Courts erred by not calling the Agricultural Field Assistant to testify on the assessment of damages. Since it was impracticable to call the expert at this stage, the court facilitated a settlement between the parties, which was endorsed as the judgment.

Court Disposition

appeal succeeded in part

Orders

  • Respondent to pay the appellant TZS 250 as damages
  • Respondent to bear the costs of the appeal